Al-Amin v. South Carolina Dep't of Correction et al

Filing 33

OPINION and ORDER adopting 28 Report and Recommendation. Defendants South Carolina Dep't of Correction and J. Michael Brown are dismissed from this matter without prejudice and without issuance and service of process. Signed by Honorable Cameron McGowan Currie on 9/25/2013.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Raqib Al-Amin,

)
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Plaintiff,
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v.
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South Carolina Dep’t of Correction;
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Dennis Bush; Rhonda Sutton; Loyd
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Roberts; J. Michael Brown; Glenn
)
Sharman; Regginald Cruz,
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Defendants.
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___________________________________ )

C/A NO. 0:13-1176-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s pro se complaint, filed in this court pursuant to
42 U.S.C. § 1983.
In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (B)(2)(d), DSC, this
matter was referred to United States Magistrate Judge Paige J. Gossett for pre-trial proceedings and
a Report and Recommendation (“Report”). On September 5, 2013, the Magistrate Judge issued a
Report recommending that Defendants “South Carolina Dep’t of Correction” and J. Michael Brown
be dismissed from this matter without prejudice and without service of process. The Magistrate
Judge advised Plaintiff of the procedures and requirements for filing objections to the Report and
the serious consequences if he failed to do so. Plaintiff has filed no objections and the time for
doing so has expired.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with the court.
See Mathews v. Weber, 423 U.S. 261 (1976). The court is charged with making a de novo
determination of any portion of the Report of the Magistrate Judge to which a specific objection is
made. The court may accept, reject, or modify, in whole or in part, the recommendation made by
the Magistrate Judge or recommit the matter to the Magistrate Judge with instructions. See 28
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U.S.C. § 636(b). The court reviews the Report only for clear error in the absence of an objection.
See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that
“in the absence of a timely filed objection, a district court need not conduct a de novo review, but
instead must only satisfy itself that there is no clear error on the face of the record in order to accept
the recommendation.”) (citation omitted).
After reviewing the record of this matter, the applicable law, and the Report and
Recommendation of the Magistrate Judge, the court agrees with the Report. Accordingly, the court
hereby adopts the Report by reference in this Order.
Defendants “South Carolina Dep’t of Correction” and J. Michael Brown are dismissed from
this matter without prejudice and without issuance and service of process.
This matter is returned to the Magistrate Judge for further pretrial proceedings.
IT IS SO ORDERED.

s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
September 25, 2013

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